Prosecutor v. Tadic
International Criminal Tribunal for the Former Yugoslavia
Appeals Chamber, Case No. IT-94-1-AR72, 35 I.L.M. 32 (1996)
Dusko Tadic (defendant) was the first individual to be tried by the International Criminal Tribunal for the Former Yugoslavia (ICTY) (plaintiff). He was tried for war crimes and was accused of committing atrocities at the Serb-run Omarska concentration camp in Bosnia-Herzegovina in 1992. In his defense, Tadic raised the argument that the ICTY did not have jurisdiction over his case because it was not established until 1993 by a decision of the United Nations Security Council. The Security Council established the ICTY without the participation or consent of any of the states comprising the former Yugoslavia. In making this defense, Tadic relied on the argument that the ICTY was not “established by law,” citing the International Covenant on Civil and Political Rights which provided that “in the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.” Tadic argued that this right to a tribunal “established by law” is a “general principle of law recognized by civilized nations,” and is codified in the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and the American Convention on Human Rights.
Rule of Law
Holding and Reasoning
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.